1831477 (Refugee)

The applicant, a citizen of Vietnam, sought a protection visa, claiming a fear of persecution upon return due to his Catholic religious beliefs, anti-communist political views, and past avoidance of compulsory military service. The applicant asserted that the Vietnamese government did not tolerate Western religions, that churches were targeted by anti-Christian individuals with impunity, and that he had faced harassment for wearing a cross. He also stated that he had received notices regarding compulsory military service, which he had avoided to pursue studies in Australia. The Administrative Appeals Tribunal (Cth) was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of religion or political opinion, or if he faced a real risk of significant harm if removed from Australia.

The Tribunal considered the applicant's claims against the relevant provisions of the *Migration Act 1958* (Cth), including the definition of a refugee and the complementary protection criterion. The Tribunal noted that Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines were to be taken into account. The applicant's claims regarding his religious beliefs and anti-communist stance were assessed in light of country information. The Tribunal also examined the claims related to compulsory military service and the potential consequences of avoiding it.

Ultimately, the Tribunal concluded that the applicant did not meet the refugee criterion under s 36(2)(a) of the Act. Furthermore, the Tribunal was not satisfied that the applicant met the alternative criterion under s 36(2)(aa), which requires a real risk of significant harm as a necessary and foreseeable consequence of removal to a receiving country. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.